ARAFA v. HEALTH EXPRESS

A-6 September Term 2019 A-7 September Term 2019 083174 083154.

233 A.3d 495 (2020)

243 N.J. 147

Essam ARAFA, on behalf of himself and others similarly situated, Plaintiff-Respondent, v. HEALTH EXPRESS CORPORATION, Defendant-Appellant. Gloria Colon, Diana Mejia and Freddy Diaz, on behalf of themselves and all other similarly situated persons, Plaintiffs-Appellants, v. Strategic Delivery Solutions, LLC, and Myriam Barreto, Defendants-Respondents.

Supreme Court of New Jersey.

Decided July 14, 2020.


Attorney(s) appearing for the Case

Ivan R. Novich argued the cause for appellant in Essam Arafa v. Health Express Corporation (Littler Mendelson, attorneys; Ivan R. Novich , Newark, and Dylan C. Dindial , Morristown, of counsel and on the briefs, and Michael T. Grosso , Newark, on the briefs).

Ravi Sattiraju argued the cause for respondent in Essam Arafa v. Health Express Corporation and for appellants in Gloria Colon v. Strategic Delivery Solutions, LLC (The Sattiraju Law Firm, attorneys; Ravi Sattiraju , of counsel and on the briefs, and Anthony S. Almeida , Princeton, on the briefs).

Patrick W. McGovern argued the cause for respondents in Gloria Colon v. Strategic Delivery Solutions, LLC (Genova Burns, attorneys; Patrick W. McGovern , Newark, of counsel and on the briefs).

William D. Wright argued the cause for amicus curiae New Jersey Association for Justice in Essam Arafa v. Health Express Corporation and in Gloria Colon v. Strategic Delivery Solutions, LLC (The Wright Law Firm, attorneys; William D. Wright and David T. Wright , on the brief).

Andrew W. Dwyer submitted a brief on behalf of amicus curiae National Employment Lawyers Association of New Jersey in Gloria Colon v. Strategic Delivery Solutions, LLC (The Dwyer Law Firm, attorneys; Andrew W. Dwyer , Newark, of counsel and on the brief).


These appeals involve arbitration agreements in contracts for employment that, plaintiffs argue, fall within the "exemption clause" of the Federal Arbitration Act (FAA), 9 U.S.C. § 1. The question posed in both cases is whether the disputed arbitration agreements would be enforceable...

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